By using this website or purchasing product from this site, you agree to be bound to the terms contained herein. Use of this website or the purchase of any product on this website creates a binding contract between you and the proprietors of this site.
This Agreement became effective on February 9, 2013. † While using the Site, the User will not:
(1) Violate any laws, or any 3rd party rights,
(2) Use the Site if you are not able to form legally binding contracts, or you are under the age of 18,
(3) Transfer your User Account and User ID to another party without our consent;
(4) Copy, modify, or distribute content from the Sites copyrights and trademarks; or
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying for your order on the Site with an approved valid method of payment.
Shipping costs are charged at checkout. They are charged by known weight, and the location for delivery has been input into the Endicia software program. All orders pay the handling charge at checkout $7.50 for all customers, as describe on the detail pages or each, and every item offered on this site.
Much of the information and products on the Site are updated daily and is proprietary, useful and verified by us. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not:
(A) Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without our prior expressed written permission, as applicable, or use this name for the purposes of resale, without written permission
(B) Interfere or attempt to interfere with the proper workings of the Site or any activities conducted on the Site; or
(C) Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Privacy Policy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in this Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We do not share any details about your account, or orders with any other entity by contract of this user agreement. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account.
Communication with the user of the site:
We communicate with the User via an email program, announcing sales, new items added to the site, and any updates to this User Agreement, and by accepting this agreement you give us permission to send these email communications.
If the User wants to opt out of these communications, the User may at any time reply to any said communication with the word STOP in the RE: line of the emailed sent communication, and the User’s email address will be deleted from the notification list. However, if the User opts out of the email notification program, any updates to the User Agreement still have the same force of authority as though the communication had been sent and received.
Indemnity
You will indemnify and hold our officers, directors, agents, subsidiaries, joint ventures and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served to our national registered agent. Legal Notice to the User shall be served to the User’s email address you provide during the registration process.
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between the User and our company, our goal is to resolve the dispute quickly. Accordingly, we both agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a ‘Claim’) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute. Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Nevada, as they apply to agreements entered and to be performed entirely within Nevada between Nevada residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against this site must be resolved by a court located in Las Vegas, Nevada, including resolution by Arbitration as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Las Vegas, Nevada for the purpose of litigating all such claims or disputes.
Arbitration
For any claim (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (‘ADR’) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Attorney’s Fees
In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation contained in this Agreement, the prevailing party after a final adjudication will be entitled to recover its costs and reasonable attorneys’ fees incurred in the preparation, defense, and prosecution of such action or proceeding.
Improperly Filed Claims
All claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, we shall recover reasonable attorneys’ fees and costs incurred.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using the services of this site you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Postal Service Damage
All items are inspected by us at the time they are shipped and all items, especially guitars are deemed to be in ‘as is’ condition, and not in ‘brand new’ condition. Most guitars are factory seconds, or have some kind of defect making them useful for display, and not deemed playable. If any guitar is deemed damaged by the postal service a claim must be made to the post office, or repaired by the user of the site. We do not give permission for any item to be returned if it is deemed damaged by the postal service at our sole discretion.
Guitar/and/or Damaged Product
Many guitars/products/items have some damage on the back side of the said guitar/and/or item upon purchase for a signing event. As long as the damage is not on the frontal facing of any such guitar/and/or item it is not deemed damaged, as such a guitar/and/or item is only useful for display purposes, and is not deemed damaged. No such guitar/ and/or damaged product is returnable if the user of the site believes such damage is unacceptable. That does not make such an item returnable for a refund by the user of the site.
Insurance
All orders are sent by U.S. Priority mail, and come with U.S. Postal tracking, and insurance provided by the postal service. Additional insurance is not provided by us, and the user of the site must handle all insurance communication, and services provided by the U.S. Postal service if damage occurs. We will provide proof of payment to the user of the site whereby these services may be provided by the U.S. Postal service upon request.
All shipping charges are non-refundable.
Cancelled Orders
We do not accept cancelled orders, unless the order is NOT delivered. Our system electronically ships the order immediately, and if a shipment is refused, and the merchandise is returned to us in the original condition, we will designate the order as effectively cancelled. Otherwise, the order is in the possession of the buyer, and i.e., was NOT cancelled. Once the package has been returned to our facility, and the items are inspected for damage, and there is none, the cancelled order is subject to a 10% restocking fee. All orders cancelled before the order is shipped are subject to a 10% restocking fee, without exception.
All shipping charges are non-refundable.
Collections & Chargebacks
If any person opens an account on this web site, places an order, and later initiates a chargeback to get the total payment returned to them, a 25% collections fee will be added to the amount of the chargeback total to pay for the services of a reputable collection agency, should the person be awarded the chargeback amount, as well as a $50 administrative fee for handling of the said chargeback. In the event said chargeback meets the criteria for an acceptable return of any item purchased on this web site these fees, and additional charges shall not apply.
General
We are located at 9213 Grand Gate St., Las Vegas, NV 89143. If you reside outside of the United States and registered on this Site, the services are offered in countries within the European Union and all other countries by the International AG, located at Helvetiastrasse 15/17, 3005, Bern, Switzerland.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. † Assignment
In our sole discretion, we may assign this Agreement in accordance with the Notices Section. † Headings † Headings are for reference purposes only and do not limit the scope or extent of such section.
Waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Amendment
This Agreement may be amended by us at any time without proper notification to all members by e-mail. We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 10 days after they are initially posted. Additionally, we will notify you through our Message Center.
Entire Agreement
This Agreement sets forth the entire understanding and agreement between the User and our Company with respect to the subject matter hereof.
You may report to the Complaint Assistance Unit of the Division of Consumer Services of the Commissioner of Consumer Affairs in Las Vegas, NV by contacting them in writing at 1850 East Sahara, Suite 101, Las Vegas, NV 89104, or by telephone at (800) 326-5202, or locally at 702-486-7355.